B. Rajasekharan Nair vs Union Bank Of India on 20 December, 2021

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Central Information Commission

B. Rajasekharan Nair vs Union Bank Of India on 20 December, 2021

1. The issues under consideration arising out of the second appeal dated Nil include non-receipt of the following information raised by the appellant through the RTI application dated 14.01.2019 and first appeal dated 25.03.2019:-

 The appellant was an A/c holder at Corporation Bank, Ulloor Br. (CORP0000697) Trivandrum, Kerala A/c no. ***********2920. He had to encounter with big troubles and suffering when the Bank changed his A/c number unilaterally without proper intimation which was violation and infringement on his rights as customer. His complaint in this regard dated 26.12.2018 and Page 1 of 7 misbehavior by branch staff was not treated negligently. The appellant's queries were related to these issues.

(i) (a) Furnish the date on which bank effected change in my A/c number (b) whether any steps taken by bank to intimate the change to me (c ) If so, furnish details (d) If not, reason for the same. (e) Whether bank consider it mandatory to ensure proper intimation of such a change to me. Furnish details viz. norms/rules/instructions from banking regulatory bodies in this regard.

(ii) The cheque leaves in my possession with old A/c number which I have been using bona fide caused extensive damages, troubles, embarrassment and mental agony to me. (a) Whether the bank feels it courteous to take steps to replace the old cheque book with new one without my asking for the same. (b) If so, reason for deficiency and lapses on the part of the bank, if any. (d) What is mandatory condition/responsibility of Bank on the matter?

(iii) Any other steps taken by bank to communicate to me on the change and consequences.

(iv) (a) Whether my mail ID and mobile number are registered with bank. (b) If so, furnish both.

(v) Whether such change was effected for all customers of the Bank (a) If so details viz. pan India, region etc. (b) What are steps taken by bank to intimate the change to A/c holders (c ) What are other steps taken to streamline troubles to A/c holders in this regard.

(vi) What are norms/rules/instructions/practices followed by bank on such a cardinal, often disastrous, change, effected on A/c holders.

(vii) (a) What are norms/rules/instructions/from RBI/Banking regulatory bodies in this regard. Furnish copies of the same. (b) Whether those were compiled (c) If so details (d) If not reasons for lapse.

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(viii) The appellant's complaint in this regard dated 26.12.2018 sent by mail addressed to MD &CEO of bank was not attended sensibly by Bank. His queries are (a) Whether it was received by addresses (b) Who are the recipients of the complaint. Furnish names and designation (c ) What are the steps taken by each recipient.

(ix) The appellant had constrained to send reminder mail in this regard on 03.01.2019. (a) Who are the recipients of the mail (b) What are the steps taken by each recipient.

(x) Furnish direct mail IDs of Chairman, MD, CEO of the bank.

2. Succinctly facts of the case are that the appellant filed an application dated 14.01.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Corporation Bank, Thiruvananthapuram, Kerala, seeking aforesaid information. The CPIO vide letter dated 26.02.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 25.03.2019. The First Appellate Authority (FAA) vide order dated 05.04.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated Nil before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated Nil inter alia on the grounds that reply given by the CPIO against point no. 7, was not satisfactory. The appellant requested the Commission to direct the CPIO to provide complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 26.02.2019 and the same is reproduced as under :-

1. "As a part of technology upgradation, our Bank has shifted to New Core Banking Solution, i.e. Fiancle. When the bank has shifted to the new Core Banking Solution, the Bank has sent SMS to their esteemed customers regarding the same and change in their account number.

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2. Regarding the cheque book, our Ulloor Branch reported that the branch staff visited your residence and a personalised cheque book with new account number has been handed over to you.

3. The mobile number and email id registered with the bank are ********100 and [email protected] respectively.

4. Regarding point no. (3) and (5), as stated above the Bank has sent bulk SMS to all its customers.

5. Regarding 6, 7 and 8, we observe that the information sought by the appellant, is in the nature of commercial confidence, the disclosure of which would harm the competitive position of the bank and hence is exempted under Sec. 8 (1) (d) of the RTI Act, 2005. Hence, we express our inability to furnish the information.

6. Please furnish the details of the email and to which email id the same has been sent by you.

7. It is observed that subsequent to your complaint, branch manager personally contacted you through phone and apologized, if you have faced any inconvenience/issue with the service of our bank.

8. The information is available in our bank's website".

The FAA vide order dated 05.04.2019 provided revised point-wise information to the appellant and the same is reproduced as under:-

(i) The change of the account number is effective from 17.02.2017 [on which day the branch was migrated]. An SMS is sent to all the registered /recorded mobile numbers wherein it was informed of the Change in Account number giving New account Number and with additional information that FOR NEFT /RTGS /ECS purposes the old account number also is considered good. In order to ensure proper intimation of such change the bank has sent bulk SMS to all its customers to their registered mobile number. Also SMS informing the details of Change in account number and other information guiding the customer was also sent again.

In case of further clarification, the customer was requested to visit the Branch. The branch staff have been sharing the information to Customers visiting the branch all the time. Moreover the information regarding the change of software Page 4 of 7 has been placed in the Branch notice boards and customer's co -operation was sought.

(ii) The bank is continuing to accept the previous cheques issued and facility to surrender old cheque book to obtain new cheque book. During the transition period the existing cheque leaves continued to work and the existing account number. The bank will replace the cheque book with the request of the customer only. Hence there is no deficiency from the part of Bank. Our Ulloor branch reported that the branch staff visited your residence and a personalized cheque book with new account number has been handed over to you.

(iii) SMS sent to the mobile number and also the information regarding the change of software has been placed in the Branch notice boards and customer's co - operation was sought.

(iv) Mobile number: 9447202100 email id: [email protected]

(v) The SOFTWARE CHANGE is made for all the Branches nationally as part of technology up gradation in line with Local and Global standards and requirements. In order to ensure proper intimation of such change the bank has sent bulk SMS to all its customers to their registered mobile number. Also SMS informing the details of Change in account number and other information guiding the customer was also sent again. In case of further clarification, the customer was requested to visit the Branch. The branch staff have been sharing the information to Customers visiting the branch all the time. Moreover the information regarding the change of software has been placed in the Branch notice boards and customer's co-operation was sought.

(vi) The norms/rules/instruction/practices followed by Bank regarding the change effected cannot be furnished to the customers. The information is in the nature of commercial confidence, the disclosure of which would harm the competitive position of the Bank and hence is exempted under Sec8 (1) (d) of the RTI Act. However we would like to inform you that the Software is upgraded with due intimation to RBI and the Bank's Board.

(vii) It is observed from you appeal that you have sent emails to various addresses and we are not in a position to reply whether it was received by the said addressee and Page 5 of 7 the details of them. The customer grievances are attended by Customer Service Division. Mails sent to other ID'S will be directed to Customer Service Division for necessary actions. However your email addressed to [email protected] was attended by Customer Service Division at H.O. One of the major issue mentioned in the complaint was that of cheque book. In this regard as per their direction the branch staff visited your residence and Personalized Cheque book with new account number has been handed over to you. To enable the customer to track his complaint a system generated message will be sent to the customer's mobile number. Further the branch manager personally contacted you through phone and apologized, if you have faced any inconvenience /issue with the service of our bank.

(viii) The email id of MD and CEO is [email protected]"

5. The appellant remained absent and on behalf of the respondent Shri Sahoo, Chief Manager and Ms. Priya Ranji, Chief Manager (Law), Union Bank (earlier Corporation Bank), Thiruvananthapuram attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that the appellant in his second appeal stated the he was satisfied with the all the points except point no. 7 of the RTI application. They stated that against point no. 7, the appellant sought information regarding norms/rules/instructions/from RBI/Banking regulatory bodies in this regard and related issues. They further submitted that the norms/rules/instruction/practices followed by Bank regarding the change effected could not be furnished to the customers. The information was in the nature of commercial confidence, the disclosure of which would have harmed the competitive position of the Bank and hence it was exempted under Sec8 (1) (d) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the respondent provided point-wise information to the appellant vide letters dated 26.02.2019 and 05.04.2019. Perusal of the second appeal reveals that the appellant was not satisfied only with regard to point no. 7 of the RTI application which was denied by the respondent under section 8 (1) (d) of the Page 6 of 7 RTI Act. It was also argued by the respondent that information sought on point no. 7, if disclosed, it would lead to fraudulent activities and also harm the competitive position of the bank. Accordingly, the respondent had claimed exemption under section 8 (1) (d) of the RTI Act. There appears to be no infirmity in the replies given by the respondent. Moreover, the appellant did not present himself before the Commission or filed written submissions to controvert the submissions made by the respondent and further agitate the matter. Hence, the submissions of the respondent were taken on record. The Commission further feels that there is no public interest in further prolonging the matter. Accordingly the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 17.12.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO : UNION BANK OF INDIA UNION BANK BHAVAN, STATUE, M G ROAD, THIRUVANANTHAPURAM, KERALA - 695 001 (ERSTWHILE CORPORATION BANK) THE FIRST APPELLATE AUTHORITY, UNION BANK OF INDIA, E-CORPORATION BANK, H.O. PREMISES, MANGALADEVI TEMPLE ROAD, PANDESHWAR, MANGALORE SH. B. RAJASEKHARAN NAIR Page 7 of 7

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